Do gardening partnerships need their own public association?

The gardening community is a popular organization that brings together owners of garden plots in one village. To manage SNT, a board, a chairman, who has his own rights and responsibilities, is elected. The main responsibilities of the chairman of a gardening partnership are to provide the necessary conditions for the activities of the community and to protect the interests and rights of its members.

A chairman is elected from among the owners of garden plots, who mostly know each other. But even in such a situation, one cannot predict how a person in a position will behave, having access to material values and money .

If the chairman steals, where should he go and what could be the punishment for him? Such information will be useful even to those who cannot yet complain about the head of their SNT. How to sue the chairman of SNT correctly, what are the nuances of the procedure?

What is SNT

Such an organization unites those who have garden plots in the territory of a certain village. The horticultural organization of this plan is non-profit; it performs important tasks - it helps members solve problems, issues, and protect their rights.

Creating an SNT is not a simple action, because it must be registered with the tax office at its location.

Features of the work of the chairman of the SNT

Unfortunately, few of the members of the gardening partnership fully understand the range of responsibilities of the chairman. This is where most of the disagreements and difficulties arise. Thus, the powers of the administration include not only the organizational management of SNT, but also:

concluding contracts for the provision of services;
accounting;
protection of the violated interests of gardeners in court;
resolving internal conflicts;
work with the tax service;
control of financial turnover;
monitoring the performance of service contractors.

It is difficult to describe the entire scope of tasks. But this is not the worst thing. The person who becomes the chairman must understand not only the organization of management, but also jurisprudence, accounting, and finance. This is a heavy burden for one person, which is why most chairmen give up their positions precisely because of the workload. To avoid difficulties, additional specialized specialists should be involved to help with the work.

The chairman is elected by a vote of the members of the cooperative. A fixed-term employment contract is concluded with the appointed person (the duration is approved by the Charter and can be equal to two or five years). Based on an employment contract, a person must receive a salary no less than the regional minimum wage.

Taking this into account, as well as the constant pressure from summer residents, the chairman often takes the initiative to leave his position. It is difficult to equally satisfy the interests of all participants, so there will always be complaints and dissatisfied people, which makes the desire to work less and less.

Features of the position

At the general meeting of gardeners, a management is elected, the head of which is the chairman. He cannot act spontaneously in his work, at his own discretion - only in accordance with the charter and various legislative acts in this area.

In order to quickly and correctly remove the head of the partnership, who creates chaos and does not fit his position, you need to convene the same general meeting again. Typically, this person is elected for a term of two years, but it is possible to remove him early.

many rights :

He can sign documents, financial and business. This right is exercised even without a power of attorney.
On behalf of SNT, it can carry out various types of transactions, for example, with agricultural or transport companies, utilities, and trade.
The chairman can give instructions to the members of the board.
In the general interests, he can use public equipment, equipment, etc.

Quite a few responsibilities:

The most important thing is to respect the interests of the members of the gardening partnership, their protection, and upholding their rights.
Also, such a leader must monitor the life of the team, respond to problems, and resolve conflicts.
The chairman represents the community in government bodies.
He keeps the condition of sites, equipment, and buildings under control.
Regularly organizes meetings of the village gardeners to resolve pressing issues and plan the activities of the board.

Members of the SNT have the right to complain about the chairman who fails to cope with his duties. And for cases related to violation of the law, different types of liability are even applied to him - material, administrative, criminal.

To complain and put such an official in his place, you can contact the prosecutor's office or court . You just need to follow the application form to the prosecutor’s office and state the facts accurately and reliably.

Is it possible to leave: what to consider

In general, the work of the SNT administration is subject to the Labor Code, since a person acts within the framework of an employment contract. But, given that SNT is a non-profit organization, there are a number of features.

So, if you want to resign early, a person must take into account the following features:

Not every candidate will be able to replace the position. According to the requirements of the law, only a member of the cooperative who owns a summer cottage within the framework of the SNT can become a chairman. In practice, this principle is often violated, since no one controls the presence of a membership card when drawing up an employment contract. If the SNT participants are satisfied with everything, then an outsider will become the manager. Otherwise, you can appeal the appointment of a third party in court. Cancellation of the employment contract will entail the need to select a new manager.
While SNT does not have a chairman, the choice of a temporary manager is allowed, that is, a person performing the duties of the departed manager. An important point is that the choice of a temporary executor must be recorded in the minutes of the general meeting of summer residents. Next, the document is sent to the tax service to make changes to the Unified State Register of Legal Entities. Otherwise, the selected person will not be able to fully perform his duties, and the departing chairman will remain the legally responsible person.
Filing an application is not a reason to leave. According to the law, a person who is registered in the Unified State Register of Legal Entities is considered to be actually performing duties. Making changes to the register of legal entities is possible only when there is a candidate to fill the position. The new chairman - a candidate for the position - prepares an application to the tax service, as well as a notarized form for changing the manager of SNT.

The current administration cannot send an application to the tax service without indicating who will manage the cooperative, otherwise the dismissal will be denied.

The most common reason for termination of a contract is the inability to cope with the entrusted volume of work. The law offers the best way to solve this problem by establishing the right to involve third parties in the management procedure.

This means that the current chairman can enter into civil contracts for the performance of work with professionals in the field of accounting or law, for example. This may be a temporary contract for a limited period or an agreement to perform specific activities (for example, representing a member of the SNT in a legal dispute). Thus, a person will make his work a little easier, which will allow him to cope with the burden of responsibilities.

How to shift

If the manager’s misconduct is not significant and the gardeners are simply not happy with his personality traits, he can simply be fired. The manager can write a letter of resignation himself. There can be many reasons for dismissal from a position:

The person does not have the experience and desire to perform his duties.
It can also be displaced due to health problems.
Does not provide documents to community members who want to check the activities of management.

In such situations, a meeting of all members is held, a vote is taken on the issue of dismissal, and a new leader is elected.

Briefly about SNT

To understand what functions the chairman of the SNT performs, you need to understand the legal and actual status of the horticultural non-profit partnership - why it is created, what laws it is regulated by and how it relates to the rights and interests of members.

The main goal and reason for the formation of SNT is to unite individuals to jointly solve issues and problems of economic activity, social, technical and material support.

The created partnership of gardeners must be registered with the Federal Tax Service inspection at its legal address - the decision and minutes of the meeting of all participants, the charter of the partnership, the decision on the selection of the governing body and the head are submitted.

SNT is a society of owners of gardening plots who make regular contributions to jointly meet the needs on the territory, pay wages to hired and selected employees of the partnership, purchase the required inventory, equipment, etc.

Among the main joint needs that are fulfilled through SNT are landscaping, development of the necessary infrastructure, installation of engineering networks, communications, protection of the rights of owners by a single person.

Complaint to the prosecutor's office

The leadership of SNT assumes access to funds collected by community members to resolve various issues and pay for utilities. Also, SNT may have public equipment and equipment. And chairmen do not always withstand the temptation of material values; judicial practice knows many cases of theft and arbitrariness.

Members of a gardening association should know the telephone number where they can file a complaint or call for an inspection from the prosecutor's office.

ATTENTION! You can contact the prosecutor's office only if there is a clear violation of the law.

If a crime has been committed, for example, theft, you should immediately contact the police, this is their area. Any member of SNT or a group of gardeners can file a complaint with the prosecutor . For what reasons can you make an application to this body:

In the case where the manager embezzled membership fees, disposed of them at his own discretion, and not taking into account the decision of the general meeting.
The prosecutor's office will deal with the chairman who committed fraud or arbitrariness. Decisions concerning the life of SNT are made by the entire team; one person cannot act without taking into account the collective plan.
It is a violation of the law to create fake documents and various frauds with important papers.
What matters is economic activity - compliance with the rules for the location of buildings and technical facilities.

An application to the prosecutor's office must be submitted taking into account certain rules. You can personally deliver the paper, making sure that it has already been developed. The complaint is also sent by registered mail. The prosecutor's office has its own website, where you can register, confirm your identity, and then send an application to the chairman.

The prosecutor's office is obliged to respond to the complaint and conduct a thorough inspection of the activities of the management of the gardening partnership. If violations of laws are detected, the case is sent to court to choose punishment for the perpetrator.

IMPORTANT! It is recommended to have a copy of the application to the prosecutor's office in stock. It will need to be used when going to court.

Before contacting the prosecutor's office, you need to collect important evidence of the guilt of the head of the SNT board. It is recommended to draw up an application with the help of a lawyer and indicate in it the legal documents that determine the facts of violations.

Do gardening partnerships need their own public association?

Executive Committee and ST: help or manage? Contributions: equally or based on area? How to remove an abandoned plot? Should debtors be cut off from communications? Who should create an initiative group?

The summer resident does not pay membership fees. By law, he can be excluded from the gardening partnership. He is obliged to sell the plot and house. What if he doesn’t want to? Who can force it and how? This is just one of many problems in this area. There are purely household ones: take out the garbage, repair the water supply, replace the transformer. But no less important are relationships within partnerships, with government agencies, and many others.

There are almost half a million summer residents and more than 4,500 gardening associations in the country. Their activities are regulated by Presidential Decree No. 50 of January 28, 2008 “On measures to streamline the activities of gardening partnerships.” And although changes have been made to the document several times, it is difficult to take into account all the nuances. They are associated both with the lack of competence of summer residents and with the need to issue local regulations that explain the application of certain provisions of the decree.

To understand all the vicissitudes of the life of gardeners, the editors gathered them and interested services at a round table. The discussion was attended by a consultant of the legal department of the Ministry of Economy, Yuri Semenyuk

, member of the horticultural partnership "Kuntsevshchina"
Vladimir Shein
, lawyer of the Minsk Regional Legal Consultation No. 2
Ksenia Kobasa
, chairman of the horticultural partnership "Louvre"
Oleg Shalashov
, deputy head of the main land management department of the Minsk Regional Executive Committee
Vladimir Gumarov
, chairman of the horticultural partnership "War Veteran"
Irina Matveenok
.

– Decree No. 50 states: control over the activities of gardening partnerships and provision of legal assistance to them is carried out in accordance with their competence by local executive committees on the territory of which gardening partnerships are located, and other government bodies.
O. Shalashov:
– Everything is correct. But there are no additional regulations that would specify how assistance is provided. Our partnership has abandoned areas. We contact local authorities with copies of protocols on depriving their owners of membership. But we cannot get a concrete answer on what to do with them. There is no prescribed method of action in these situations.

V. Gumarov:

– Decree No. 50 describes in sufficient detail the rights and responsibilities of the chairman and board of the gardening partnership and all members. If all this were done, there would be order. But we cannot do without problems. Judge for yourself. In the Minsk region alone there are 320 gardening associations, more than 50 thousand members. The land management service is small, you can’t keep track of everything. Moreover, she has many other worries.

V. Shein:

– I believe that the legal department of the executive committee, having received a petition from a gardening partnership, is obliged, together with the Commissioner for the Protection of Consumer Rights, to file a lawsuit and defend the rights of gardeners. Unfortunately, this does not happen.

K. Kobasa:

– Chairmen of gardening associations often believe that government bodies should help and almost manage these associations. But Decree No. 50 and the Civil Code clearly say: these are independent legal entities. Is it possible to imagine that some other legal entities would constantly storm the executive committees and ask for help, clarification on how to act in relation to an employee, enter into a supply agreement, collect payments, and so on? Of course, government bodies can give some explanations within the limits of their powers, share regulatory documents, talk about law enforcement practice. But in the event of a dispute about the law, you need to seek help from lawyers who have extensive experience in the field of law enforcement practice regarding the activities of gardening partnerships.

Y. Semenyuk:

– Now government agencies are collecting information about problematic issues of gardening partnerships. They will be analyzed, and after that, perhaps, the issue of amending Decree No. 50 will be considered. But it should be taken into account that the rule-making process is quite lengthy.

– The “Regulations on the Gardening Partnership” say that membership fees are paid in equal amounts, regardless of the size of the land plots. Not everyone agrees with this. Arguments? It’s one thing if the plots differ slightly, another thing when they are 5 and 10 acres. In addition, there are cases when a person owns several plots at once in one partnership, and pays contributions on the same basis as those who have one. Is this fair?

I. Matveenok:

– I believe that the area of the site should not fundamentally affect the size of membership fees. But there is another problem. We have a gardener who has four plots and the same number of garden houses, which the partnership maintains. Each one has power lines, water supply, and roads. And a person pays the same as someone who has one house and land. On the other hand, the opposite happens. One plot is divided into shares, and two members of the partnership pay dues. We need to figure this out somehow.

K. Kobasa:

– There are nuances. For example, a person has four plots, each one cultivates, waters everything regularly, and accordingly, spends more water and creates a greater load on the pumping system than someone who has one plot. But there may be a person who also has four plots, and there is simply grass growing there, and his costs for plumbing are minimal. I believe that there should be an individual approach to this issue; large-scale work is required to determine how not to offend people and how to respect the interests of the partnership.

Y. Semenyuk:

– It is impossible to prescribe all cases in regulations. Such issues should be resolved within each gardening partnership.

V. Gumarov:

– I also think so: it is necessary to make a decision at the general meeting about what the contributions should be in each specific case.

V. Shein:

– Membership fees need to be differentiated. If a person has several plots of land, then, accordingly, there are more roads along them, and more costs are required.

O. Shalashov:

– I was faced with such a situation. Changed the power line. The man says: I will pay one target fee for four plots for this. But along them there are three pillars, and next to the person there is one plot and one pillar. The amounts contributed are the same. Who will pay for the remaining two pillars? This problem needs to be regulated in regulatory documents.

– There is an urgent problem of abandoned plots that have not been used for years and spread weeds. What to do with them? Is it possible to withdraw? How to resolve the problem, naturally, without violating property rights, and sell such houses?

V. Gumarov:

– Since the gardening partnership is a legal entity, it must solve all its internal problems, including those with empty plots.

O. Shalashov:

- Sometimes this is impossible. We have an empty plot, the owner left for Russia, no one has seen him for many years. According to Decree No. 50, a gardening association deprives a person of membership if he does not cultivate the plot and does not pay fees. He must sell the plot within a year. But the difficulty is that often the whereabouts of such people are unknown. I think there should be such an algorithm: chairmen of partnerships report empty plots to local authorities. And they have the opportunity, with the help of the police, to search for the owners and file lawsuits to turn such plots into state revenue. So that in the future the executive committee can sell them to those who wish.

K. Kobasa:

“Even if he wants to, the chairman of the gardening association is not able to solve the problem of empty houses on his own; he needs help, although he has certain powers. I think its function should be to identify such houses and inform local authorities. Decree No. 357 “On empty and dilapidated houses” was recently adopted. The document is aimed at improving work to reduce the number of abandoned and emergency buildings in populated areas. But gardening partnerships are not one of these. Probably, they also need some kind of regulatory act regarding abandoned buildings, or the introduction of norms on this topic into already existing regulatory legal acts.

V. Gumarov:

– The chairman of the gardening association should not start this work. So that there are no houses left empty for 10 years. If the site is not used for a year, you must urgently decide what to do with it yourself or with the help of local authorities.

– Many misunderstandings arise with the payment of membership fees. If a person does not pay within two quarters, he can be expelled from the gardening association. How to avoid such radical steps?

O. Shalashov:

– Our problem is solved simply. The general meeting decided to cut off debtors from communications. There were a lot of dissatisfied people right away when 16 people, as they say, had their lights cut off. But this educational measure worked.

I. Matveenok:

– Contributions can also be collected in an indisputable manner on the basis of the writ of execution of a notary or other persons entitled to perform such notarial acts.

K.
Kobasa:
– This is a good position. But there are times when the debtor has nothing to take. He lives off unofficial income. How to collect debt on contributions from him? Therefore, perhaps cutting off communications is a more effective way. It creates inconvenience for a person. To get rid of them, you have to pay the dues.

– Since we say that government bodies do not have the authority to solve many of the problems of summer residents, and the chairman of a gardening partnership does not always have enough strength and resources, perhaps in this situation we need to think about creating a public association of summer residents. If each partnership contributes a tiny amount to this association, the total will become decent. It will be possible to hire qualified lawyers and help solve specific problems. Decree No. 50 states that the partnership has the right to unite into associations or unions. How can this be done in practice?

Y. Semenyuk:

– It should be noted right away that this will be a public association and it should be created on the basis of legislation on parties and public associations. An initiative group can be created that will develop a charter, convene a conference, and then the association must be registered in accordance with the procedure established by law.

V. Shein:

“I think that since the decree says that local authorities provide legal assistance and monitor the activities of gardening associations, then they should provide assistance in creating a public association of gardeners. That is, it is necessary to create an initiative group by order of the chairman of the district executive committee.

K. Kobasa:

– Again we come to the conclusion that the state must create something for someone. The executive committee has no such responsibilities. A gardening partnership is a non-state legal entity with self-government capabilities. Each partnership has the right to decide whether it needs to unite into an association, or to invite other partnerships to unite into a union. There is such a possibility.

Vasily Gedroits, Selskaya Gazeta , October 6, 2018

What is the salary of the chairman of the union in 2019?

What is the difference? According to the employment contract, you need to pay 30% of the salary to the Pension Fund, Social Insurance Fund, and under the GPC agreement - 26.1%. In both the first and second cases, the partnership, as a tax agent, is obliged to withhold 13% of personal income tax from the income of an individual. This means that the employee or performer will receive 13% less than the salary or amount in the GPC agreement. This should be taken into account and discussed with the employee/performer in advance. These are differences from a cost perspective. From a reporting and documentation point of view, the difference is enormous.

Federal Law of the Russian Federation “On gardening, gardening and dacha non-profit associations of citizens” dated April 15, 1998. The chairman of the SNT is not its sole executive body, but only heads the board - a collegial executive body. The powers of the chairman of the board are determined by this Federal Law and the charter of such an association.

WILL STAY A WINNER

The chairman, who will be trusted, will be able to consider applications for admission to membership in the partnership, make decisions on holding a general meeting and concluding agreements with resource supply organizations. And also apply to the municipal administration or Rosreestr if one of the neighbors stops caring for their acres or uses them for other purposes. For this you can not only pay a fine, but also lose your plot.

“By vesting the chairman with the functions of primary land control, both bona fide owners and the administration will benefit,” Chaplin believes. – Abandoned areas are dangerous due to dead wood and grass, and their use for other purposes violates the rights of neighbors. Who would like it if a hotel or private rehabilitation center grew up next to a country house?

What is the salary of the chairman of SNT according to 217-FZ?

Dear Tatyana! 66-FZ has indeed lost force. In accordance with clause 3, part 1, art. 17 FZ-217 “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation”, the terms of payment for the chairman of the partnership fall within the exclusive competence of the general meeting of SNT members. Thus, the specific amount of remuneration for the chairman is determined solely by the decision (minutes) of the general meeting

If the chairman of SNT is one of the owners of SNT, who should sign an employment contract with him and whether he is an employee. Should SNT pay taxes for him as for an employee. Thanks in advance for your answer.

What the new law says about membership fees in SNT from 2021

The former Federal Law No. 66-FZ dated April 15, 1998 “On gardening and dacha non-profit associations of citizens” (hereinafter referred to as Law No. 66-FZ, no longer in force as of January 1, 2019) was replaced by the Federal Law dated July 29, 2017 No. 217-FZ “On conducting gardening and horticulture by citizens for their own needs and on introducing amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as Law No. 217-FZ).

To prevent abuse by the partnership bodies, Law No. 217-FZ clearly distinguished between regular and irregular payments. Using regular payments (membership fees), you can determine their size and frequency of payment - once and for a whole year or several years at once.

What salary should the chairman of the union have per year?

For regular refusal to hold board meetings if its members insisted on this in writing. If the chairman does not show up for work without a good reason for more than 10 days, and this fact is confirmed by acts of his absence during office hours and at board meetings, the administrative and administrative activities of the chairman for SNT employees were also not carried out during this period. The chairman may also be fired for activities that caused financial damage to the organization.

The secretary of the board maintains a card index of SNT members and owners who live on the territory of the partnership without being its members - home address, telephone number, information about land documents, family composition. Upon a written statement from the chairman about the voluntary resignation of his duties.

Another change specified in the law concerns the fact that every summer resident now has the right to familiarize himself with accounting documentation to the extent he wishes. It will be possible to obtain copies of the required documents for review.

New garden and vegetable plots of land, as before, are formed from the lands of settlements or from agricultural lands. Each garden or vegetable plot of land can be included within the boundaries of only one gardening or vegetable gardening territory.